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Jo C., Barrister

Category: Law

Satisfied Customers: 31300

Experience: Over 5 years in practice

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Planning advice...Background:I own a pallet repair

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Planning advice...Background:I own a pallet repair and recycling company, we are currently involved in a "messy" application to vary the time restrictions in the planning consent where we work from.We sub-let the yard from an online retail company ***this sub-let is unofficial and as far as the local council are aware, the activities and work we conduct on site belongs to the business we sub-let from (we are a limited company, but registered to a different address, which we also use)*** When they got their original change of use consent a couple of years ago, it was given with conditions (time restrictions, 9am-6pm mon-fri) due to complaints from the neighbouring residents, the council got in touch and enforced the hours, threating our landlord with legal action and a large fine.He has applied to vary the hours to 7am-8pm, 7 days a week. There has been objections/comments by 14 neighbouring properties, and the parish council.....mostly relating to increased traffic (we are a the bottom of a residentail street, but it runs paralell (3 meters away) from one of the busiest A-roads in the country) and noise from the site.We have had almost every government agency down to the yard in the past couple of weeks - fire marshall, litter wardens, hmrc, noise pollution people, highways, drainage......every single one of them are happy with the work being conducted on site. We have taken large steps to improve everything raised in any neighbours complaints.The current planning consent is for "warehouse and storage facility".6 months ago we build a crude "shack" at the back of the yard (its not in public view) to do our pallet repairs in, it has power, an air compressor and airlines for the tools we use to repair the pallets.Today our landlord receved an email from the planning enforcement officer, stating that we have to remove the shack as it should have had PP as it is not 5m from the boundary, and theat we must cease all pallet repairs immediately, as it is outside the use class (B8) that is currently granted for the site and would require B2 consent.repairing pallets is a major part of our business...My questions are as follows:If we were to move the shack away from the boundary, can it remain?If we apply to vary the site use to include B2 consent, can we still repair pallets on site whilst the application is in process?We have various containers and lorrys in the yard, can we install our tools in one of them and repair pallets in one of those on site? my thinking behind this is that the lorries are road legal vehicles and therefore are not fixed on site and can be moved around.If push comes to shove, can we park said lorry outside the yard on the roadside and repair the pallets in there?Thanks in advance...Jack

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